Shop wouldn't refund or replace

Sarricell

New Member
Dec 5, 2010
1
0
0
Hi,
Last Saturday (29.11) I purchased a pattern from the local Singer shop. The assistant asked me which of two sizes I wanted, I told her and she handed me the pattern. I paid for it and returned home. Midweek I decided to have a look at the pattern properly and notice that the assistant had given me the wrong size, not the one I had requested. Went back to town yesterday and took the pattern back to the shop and explained what had happened. The lady behind the counter was quite forceful and said that the orders had been done earlier in the week to replace patterns sold, so mine couldn't be exchanged. My husband said to her that as it had been the assistants fault that the wrong size had been sold to me, why couldn't it just be exchanged for the correct size. She said there was a notice up - which I certainly hadn't seen - saying that patterns must be checked before leaving the shop. I said I hadn't seen the sign, nor had the assistant pointed this out to me, and the lady just kept saying that she couldn't exchange the pattern. I said to her that I just wanted my money back in that case, which she said she couldn't do. I was amazed at her unhelpful attitude! My husband asked to see the owner of the shop, and was told he was overseas, so he asked to see the person in charge, and we were told that there was no-one in charge! Obviously not! Have I any rights i this case?
Thanks,
Sarah
 

walters83

New Member
Oct 27, 2010
16
0
0
What awful service. Maybe go in another day and try to talk to the person that sold you the pattern. Failing that you could ask for the email address or contact info of the shop owner, he must have one.

Good luck.
 

Sarah2312

New Member
Nov 5, 2010
15
0
0
That's appalling. I'd be very strong about it and send a letter to the managing director. Even if you don't have any rights, they shouldn't have treated you in the way that they did.
 

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi there,
sounds like somebody who doesnt really know what they are doing, and simply hiding behind a sign... classic.

Right, so you asked for a product, was given another, and they won't refund/exchange...

You do have rights, irrelevant of what their sign says..
1. They did not point out the sign
2. They did not tell you about their exclusion clause

Where is the sign placed?, as exclusion clauses go, it's quite difficult with a sign, if you are told about the exclusion clause after your contract has been made (payment), then it does not count.
If you are not told about the clause either verbally or in writing where the shop assistant has informed you about the clause - then again it does not count.

Having a sign which states 'No refunds / exchanges given' or anything like that is AGAINST THE LAW and in breach of your statutory rights.
The legislation which protects you is the Unfair Terms in Consumer Contracts Regulations . The UTCCRs can protect you from terms that reduce your statutory or common law rights, and from terms that seek to impose unfair burdens on you over and above the ordinary rules of law.

Which it does.

My advise to you: Send a letter to the shop (photocopy it too) , address it to the owner,

Simply explain the situation in the letter, dates/times/shop assistant who served you, include the lot.
Mention that you know your rights and what they are doing is breaching your statutory rights and that you know you are protected by the UTCCRs and that if the situation does not get resolved then you will be taking legal proceedings against them (only say this if you actually are, don't worry, you would win the case and the shop would pay costs :) )
Send the letter by 'signed for' delivery though as you can trace and see the signature of other side, plus this is proof of you sending it.

Write down while its fresh in your memory the shop assistant who initially served you's name, and the second shop assistant who was rude, and write down times and dates for your own records. Any phone call conversation you make to the shop, do record - its advised you contact in letter though.

And after the letter you should have your answer back off the owner and it probably won't lead to small claims court.

Hope this helped.
Adam
 

Domroutty

New Member
Feb 6, 2011
1
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0
CA
www.squidoo.com
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